Category: ca

FIDUCIARY LOS ANGELES CA | FIDUCIARY ATTORNEYS LAWYERS | SIRKINLAW

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Fiduciary Ca  –  Professional Fiduciary Services Attorney

Glendale Pasadena Woodland Hills Los Angeles

With the upcoming trillion dollar transfer of wealth in California, there is an increased need for fiduciary law representation in Los Angeles. Ca

Our fiduciary attorneys represent clients in compliance matters in their fiduciary capacity.   Our clients typically are in the following categories:

Private Professional Fiduciaries and non-professional fiduciaries:

1.    Trustees and Successor Trustees.

2.    Executors and Administrators.

3.    Conservators.

4.    Agents under a power of attorney.

Services we provide to fiduciaries:

  • Full Fiduciary representation including legal compliance audits.
  • Checklists for our CPA or other Fiduciary clients who just want consultative services.
  • Risk assessment for fiduciaries.
  • Accounting coordination and Accounting Petitions.
  • Fiduciary defense in breach of fiduciary duty actions, and negligence matters.
  • ​For non-fiduciary clients, we provide representation in cases where a fiduciary has misappropriated assets.
  • Trust Defense
  • Petitions for Instructions when a fiduciary is faced with dual duties under Ca law.
  • We also represent court appointed Guardian Ad Litem in court proceedings.

Need to find a Private Professional Fiduciary?

      Private professional fiduciaries are licensed individuals in California. The Department of Consumer Affairs handles all matters relating to these fiduciaries.   If you are looking for a fiduciary, you can search their license status and the total amount of assets under their management under License Search for Professional Fiduciary in fiduciary.ca.gov or ask us for a recommendation.  We can help you find a good fiduciary in your local area.

Why hire us?

      Mina Sirkin is a nationally recognized attorney handling millions of dollars in complex litigation cases.  Mina Sirkin and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate, conservatorship, and estate matters.  We represent private professional fiduciaries in complex litigation of controversies exceeding a million dollars.  

        With over 24 years of experience in representing fiduciaries, Ms. Sirkin is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group lawyer service the Los Angeles and San Fernando Valley areas, including Woodland Hills, Glendale and Pasadena areas and can assist you in handling all of your fiduciary law representations in court and out of court.  Call: 818.340.4479.  Fiduciary Law Attorneys & Lawyers Los Angeles.  Glendale, Pasadena, Woodland Hills, Fiduciary ca.

CONSERVATORSHIP ATTORNEYS LAWYERS GLENDALE SIRKIN LAW GROUP | 818.340.4479 | GLENDALE CA

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HOW TO LEGALLY CARE FOR A PERSON WHEN A CONSERVATORSHIP IS NEEDED?

Clients in Glendale ask how to care for a family member or if they need conservatorship for an elderly, disabled, aging parent, or a disabled child.    Below is a checklist to help you make the decision:

1.   Can he or she properly administer medication to himself or herself?
2.   Can he or she understand the consequence of making a medical decision?
3.   Can he or she provide food or shelter for himself?
4.   Is he or she easily influenced by others to give away his or her money?
5.   Are there signs that he or she cannot be safe when left alone at home?
6.   Is he or she bathing himself or herself?
7.   Does he or she wear clean clothes or wash his or her clothes?
8.   Are there bills that are unpaid or is there an unusual amount of clutter in the home?
9.   Is he or she forgetful of recent events?
10.  Are there people who are trying to take financial advantage of him or her?

CALL US WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES.

1.  Determine if there is an Advance Health Care Directive or Power of Attorney in place.
2.   Call our office at 818.340.4479 and ask for a call assessment regarding your case or to petition to appoint a conservator.
3.   Ask us to give you a Capacity Declaration to be completed by a physician.   If your loved one will not submit to a doctor’s examination, please call us.
4.   Gather a list of medications and assets of your loved one
5.   Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Mina Sirkin, Glendale Conservatorship Attorney at 818.340.4479.  Our Glendale, Ca office serves the Glendale, Burbank, Pasadena, Eagle Rock, and surrounding areas in Conservatorship matters.  We can assist you in helping your aging parents or to appoint a conservator in Glendale.  Read more about Conservatorship Attorney Glendale.

Glendale Office address: 450 N. Brand Blvd. #600, Glendale, CA 91203.

Petition for Conservatorship | Los Angeles Ca | Sirkin Law Group | Attorneys Lawyers | 818.340.4479

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Where to file a Petition? Los Angeles California Petition for Conservatorship

Click the link here to download the free form: ===>  California Petition for Conservatorship.  [Petition for Appointment of Probate Conservator]

Downloading this free form does not create an attorney-client relationship. To retain our services, please contact 818.340.4479 or email:  Info@SirkinLaw.com

Whether you are looking for help for conservatorship of a parent in Los Angeles, or for guidance on conservatorship of a child in Los Angeles, our attorneys are here to assist you by answering your questions during a free consultation.


WHY HIRE US?

Mina Sirkin is a nationally recognized conservatorship and probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 as a lawyer on Avvo.  Sirkin Law Group’s attorneys help parents and children who seek Conservatorship. Probate Offices are located in Los Angeles, Woodland Hills, Glendale and Pasadena. Probate Attorneys Los Angeles  Call: 818.340.4479.   

GLENDALE CA CONSERVATORSHIP ATTORNEYS

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HOW DO YOU KNOW WHEN A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE?

Clients in Glendale often ask our attorney whether they need a conservatorship for an elderly, disabled, aging parent, or a disabled child.    Below is a checklist we have developed to help you make decisions about conservatorships:

1.   Can he or she properly administer medication to himself or herself?
2.   Can he or she understand the consequence of making a medical decision?
​3.   Can he or she provide food or shelter for himself?
4.   Is he or she easily influenced by others to give away his or her money?
​5.   Are there signs that he or she cannot be safe when left alone at home?
​6.   Is he or she bathing himself or herself?
7.   Does he or she wear clean clothes or wash his or her clothes?
8.   Are there bills that are unpaid?
9.   Is he or she forgetful of recent events?
10.  Are there people who are trying to take financial advantage of him or her?

11.  What does the house look like?  Is there hoarding?  Is the home in good order?

WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?

1.  Determine if there is a valid Advance Health Care Directive or Power of Attorney in place.
2.  Call our office at 818.340.4479 and ask for a call assessment regarding your conservatorships case or to petition to appoint a conservator.
3.  Ask us to give you a Conservatorship Capacity Declaration to be completed by a physician.   If your loved one will not submit to a doctor’s examination, please call us.
4.   Gather a list of medications and assets of your loved one.
5.   Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Mina Sirkin, Glendale Conservatorship Attorney at 818.340.4479.  Our Glendale, Ca law office serves conservatorships in the Glendale, Burbank, Pasadena, Alhambra, San Marino, La Canada, Altadena, Eagle Rock, and Los Angeles surrounding areas for families who need assistance in Conservatorship matters.  We can help you in helping your aging parents, or to appoint a conservator in Glendale California.  Read more about Conservatorship Attorney Glendale.  Talk to us about a family member as a conservator or a professional fiduciary as a conservator for your relatives.

Glendale Conservatorships Attorney Office address: 450 N. Brand Blvd. #600, Glendale, CA 91203.

Glendale Ca Conservatorship Attorneys Lawyers

GLENDALE CA CONSERVATORSHIPS | SIRKIN LAW GROUP | 818.340.4479

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TOP 10 SIMPLE QUESTIONS TO HELP YOU DETERMINE WHEN A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE IN GLENDALE

Clients in Glendale often ask us whether they need conservatorship for an elderly, disabled, aging parent, or a disabled child.    Below is a checklist we have developed to help you make the decision:

1.   Can he or she properly administer medication to himself or herself?
2.   Can he or she understand the consequence of making a medical decision?
​3.   Can he or she provide food or shelter for himself?
4.   Is he or she easily influenced by others to give away his or her money?
​5.   Are there signs that he or she cannot be safe when left alone at home?
​6.   Is he or she bathing himself or herself?
7.   Does he or she wear clean clothes or wash his or her clothes?
8.   Are there bills that are unpaid?  Ask him/ her if he can account for hiis/ her assets and income.
9.   Is he or she forgetful of recent events?
10.  Are there people who are trying to take financial advantage of him or her?

CAN I GET A CONSERVATORSHIP IF THERE IS A POWER OF ATTORNEY IN EXISTENCE?

Yes. Power of attorney documents can be suspended or revoked by the court.   You can get a temporary conservator, while you file to ask the court to appoint a permanent conservator, and ask that the court suspend the agent under a power of attorney for good cause.   An agent under a power of attorney can be forced to account for the assets of the person which they handle.

​
WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?

1.  Determine if there is an Advance Health Care Directive or Power of Attorney in place.
2.   Call our office at 818.340.4479 and ask for a call assessment regarding your case or to petition to appoint a conservator.
3.   Ask us to give you a Capacity Declaration to be completed by a physician.   If your loved one will not submit to a doctor’s examination, please call us.
4.   Gather a list of medications and assets of your loved one
5.   Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Mina Sirkin, Glendale Conservatorship Attorney at 818.340.4479.  Our Glendale, Ca office serves the Glendale, Burbank, Pasadena, Eagle Rock, San Marino, La Cresenta, Alhambra, Altadena and surrounding areas in Conservatorship matters.  We can assist you in helping your aging parents or to appoint a conservator in Glendale.  We handled preparing petitions to appoint a conservator, conservatorship accounting, and conservatorship lawsuits and removal actions. Read more about Conservatorship Attorney Glendale.

Glendale Office address: 450 N. Brand Blvd. #600, Glendale, CA 91203.

Beneficiary Rights Trust Attorneys Lawyers Los Angeles | Sirkin Law Group

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​Beneficiary Right in Trusts, Los Angeles Ca Attorneys Lawyers  | Sirkin Law Group |  | 818.340.4479

Beneficiary Rights Attorney:  Mina Sirkin is a Los Angeles Certified Specialist probate lawyer who handles beneficiary rights in trust and probate litigation matters in California:

Trust beneficiaries in Los Angeles often do not know the extent of their rights under California probate law.

Protecting a beneficiary’s rights, claims and objections in trusts and probate litigation matters involves taking immediate action.   Waiting too long to respond or object to petitions can often detrimentally affect the rights of beneficiaries.

If you are a trust or estate beneficiary, you should know about the following rights:

1.   Right to receive advice from an independent attorney.   Do not rely on advice given by the trustee or executor’s attorney who does not represent you.

2.  Remember that if you don’t question an action by a trustee or executor, you will waive your rights as to that action.

3.  Review the trust or will with an experienced beneficiary attorney in trust and probate cases for immediate impact on your interest.

4.  File any necessary objections timely and watch for no contest clauses. 

5.  Ask for an accounting in writing and keep a certified copy of your letter requesting the same.

6.  If you don’t get a response to a request for an accounting, call your lawyer immediately.  

When needing counsel to review your beneficiary rights in trust documents, contact Beneficiary Rights Lawyers, Mina Sirkin.  With over 22 years of experience, our Certified Specialist in Trust Litigation in Los Angeles, California can assist you.   Contact us for a free consultation at: 818-340-4479.  Beneficiary Rights Trust Attorneys Los Angeles.

​​​​Fiduciary Litigation | Attorneys Lawyers | Sirkin Law

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Fiduciary litigation in Los Angeles can be very complex, and often involves both a trust and probate case.  Fiduciaries (Trustees/Executors) and beneficiaries do not always agree on how to best manage the assets of a trust or estate.   While the fiduciary has the duty to protect the trust/ estate and all of the beneficiaries, each beneficiary may have rights which need separate protection.  At Sirkin Law Group, our attorneys and lawyers have helped resolve fiduciary and beneficiary disputes and litigation cases for over 22 years.

Typical cases involving disputes between fiduciaries and beneficiaries are stated below:

​1.   Trustee fails to give the trust documents to the beneficiaries and fails to keep the beneficiaries informed.
2.   Trustee fails to account to the beneficiary.  Untimely accountings are the number one cause for fiduciary litigation in Los Angeles.
3.   Trustee is a beneficiary and does not want to sell the house because he/she or his/her a child lives in it.
4.   It is taking too long for the beneficiary to receive his/her money under the trust or estate.
​5.   Trustee is investing the assets of the trust in the wrong investments and has lost money for the trust.
6.   Trustee has misappropriated or stolen the assets of the trust or estate.

Below are some frequently asked questions asked by beneficiaries in fiduciary litigation involving beneficiaries and trustees:

1.   Do I have a right to see the trust documents?   Yes, if you are a beneficiary of the trust or heir at law.
2.   The trustee will not see the house, can I force him to sell it?  Yes, if the sale is required to make the distribution to all beneficiaries.
3.   Can the trustee buy the trust property for under market value?  No, unless the trust document specifically allows him to do so.​
4.   Can the trustee benefit himself over the beneficiaries?  No, unless the trust provides for it.
5.   How soon can the trustee distribute the assets to me?   The trustee has to give a notification by trustee.   Assuming no one contests the trust terms during the 120 day period from the notice, then the trustee should account and distribute the trust assets within a reasonable time.   A reasonable time varies from trust to trust because of varying timelines of sales of property.   A fiduciary trustee may reserve funds for payment of taxes or litigation.


Our attorneys and lawyers provide aggressive representation in fiduciary beneficiary litigation cases in Los Angeles Ca with offices in Los Angeles, Glendale, Woodland Hills, Pasadena.

Why hire us?


Mina Sirkin is a nationally recognized probate and trust attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding celebrity probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo. Offices in Los Angeles, Glendale, Pasadena and Woodland Hills.  Sirkin Law’s Fiduciary Group’s Los Angeles office can assist you and your loved ones.  Call: 818.340.4479.  Beneficiary Disputes Attorneys Los Angeles.​​

Fiduciary Beneficiary Disputes | Los Angeles Attorneys | Trustee Disputes

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Many times, Los Angeles Trustees as fiduciaries and beneficiaries do not always see things from the same point of view which may result in protracted disputes involving attorneys.    While the fiduciary has the obligation to protect all of the beneficiaries, each beneficiary may have separate ideas of what protection they need.  At Sirkin Law Group, we have helped resolve fiduciary and beneficiary disputes and litigation cases for over 22 years.

Typical cases involving disputes between Los Angeles fiduciaries and beneficiaries are stated below:

​1.   Trustee fails to give the trust documents to the beneficiaries.

2.   Trustee fails to account to the beneficiary.

3.   Trustee is a beneficiary and does not want to sell the house because he/she or his/her a child lives in it.

4.   It is taking too long for the beneficiary to receive his/her money under the trust or estate.

​5.   Trustee is investing the assets of the trust in the wrong investments and has lost money for the trust.

6.   Trustee has misappropriated or stolen the assets of the trust or estate.

7.   Someone is in possession of a trust asset and will not transfer it back to the trust.

Below are some frequently asked questions asked by beneficiaries in disputes involving beneficiaries and trustees:

1.   Do I have a right to see the trust documents?   Yes, if you are a beneficiary or heir at law.

2.   The trustee will not sell the house, can I force him to sell it?  Yes, if the sale is required to make the distribution to all beneficiaries.

3.   Can the trustee buy the trust property for under market value?  No, unless the trust document specifically allows him to do so.​

4.   Can the trustee benefit himself over the beneficiaries?  No, unless the trust provides for it.

Our attorneys and lawyers provide aggressive representation in beneficiary dispute cases in Los Angeles.

Why hire us?

Mina Sirkin is a nationally recognized probate and trust attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding celebrity probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group’s Los Angeles office can assist you and your loved ones.  Call: 818.340.4479.  Beneficiary Disputes Attorneys Los Angeles.

CONSERVATORSHIP LITIGATION LOS ANGELES

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CONSERVATORSHIP LITIGATION

         Many times our Los Angeles clients seek counsel or attorneys for family members, to protect elderly or disabled persons in Conservatorship litigation cases in Los Angeles County, California.  In those situations, family members or friends get involved in the day-to-day affairs of that person and disputes regarding conservatorships can arise unexpectedly and quickly.   Who controls the elder person’s funds is often subject of litigation in Conservatorship matters.   Typically, children litigate against each other to determine who is best suited to take care of the parent’s finances or physical well-being.   Do you need a Conservatorships attorney near you in Los Angeles, or have asked yourself is a conservatorship lawyer appropriate for me? Call for conservatorships now.

Conservatorships get litigated in many arenas as follows:

1.   Lawsuits over who is most suitable to become the conservator or appointed.

2.   Objections to Conservatorships are filed.

3.   Conservatorship Mediations often lead to resolution of this type of case.

4.   When a Conservator is appointed and has not filed an accounting, family or friends can demand an accounting.  Objections to Conservatorship accountings can also result in litigation.

5.   If an elder person is contractually bound to perform a sale or other conveyance, the Conservatorship may be litigated in what is called an 850 action.

6.   In urgent situations, when the physical health of the person is at risk, or when assets are at risk of immediate loss, a temporary conservatorship can be established to safeguard the person or his/her assets.

7.   Conservators can make mistakes.  At times, they fail to properly invest the assets of the Conservatee, and on occasion, some have absconded with the same.

8.   There are some situations where a relative lives with the conservatee and there is a need to sell the home of the conservatee to support him/her.  

9.   Conservatorship litigation can also arise in the context of a dissolution of a marriage of the elder.   

All of the above situations may lead to litigation in the conservatorship arena.     

Why hire us?

Mina Sirkin is a nationally recognized Los Angeles conservatorship and probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  With over 22 years of conservatorship experience, Mina Sirkin is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.  Only 1% of California attorneys are Certified as specialists.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group’s conservatorship lawyers in Los Angeles can assist you and your loved ones.   Call: 818.340.4479 when you need an attorney to litigate in a Conservatorship matter.  Our attorneys have superb experience in trial, discovery, and appeal of conservatorship litigation matters in Los Angeles County.

CONSERVATORSHIP LITIGATION ATTORNEYS LOS ANGELES

OBJECTION TO CONSERVATORSHIPS | CONSERVATORSHIP OBJECTION CONTEST OR LAWSUIT IN LOS ANGELES

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If you have received a copy of a Petition for Appointment of a Probate Conservator or an objection to conservatorship, and a Notice of Hearing in the mail, chances are that you are a child or a family member of the person who is named as a proposed conservatee.   If you want to file objections to a conservatorship in Los Angeles, you have to act fast.   If you agree with the Petition,  you may choose to do nothing.  If you disagree with the Petition, you should hire counsel to help you appear in court and to file the objection pleading for you on a timely basis, before the hearing.

WHO CAN OBJECT TO A CONSERVATORSHIP?

In California, any interested person, a family member, or even a friend or a neighbor may file an objection to appointment of a Conservator.   The court then appoints a PVP attorney in Los Angeles County to report to the court as to the Proposed Conservatee’s wishes, and who will investigate the nature of the objections.

First, the Proposed Conservatee (usually the elder or disabled person), can object to the Conservatorship, and does not even have to file anything in court.   An oral objection may be made by the Proposed Conservatee by his or her counsel who will report to the court as to why his/her client should not be conserved.

Most often, Objections to Conservatorship are filed by one or more children of the Conservatee who do not agree with the appointment of the person who seeks the Conservatorship.

HOW DO YOU OBJECT TO A CONSERVATORSHIP PETITION?

If you are not the Proposed Conservatee, you must file a formal pleading in court and pay a filing fee to have it heard on the date of the hearing for the Petition for Conservatorship.   Your conservatorship objection has to be verified under penalty of perjury, staying the reasons the Court should not grant the Petition.  Call us if you need an objection to conservatorship in Los Angeles.

WHY AND WHEN SHOULD YOU OBJECT TO A CONSERVATORSHIP?

If you believe any of the following, you should get legal advice from an experienced attorney regarding filing an objection, which should be done before the date of the hearing:

  • You believe the Proposed Conservatee is competent; or
  • You believe the person who has filed to become the Conservator is not suitable;
  • You believe the person who has filed to become the Conservator has engaged in elder abuse or does not have the best interest of the Conservatee at heart;
  • An alternative to the Conservatorship exists.

WHAT ARE THE COURT FILING FEES TO OBJECT TO A CONSERVATORSHIP?

 In Los Angeles Superior Court (Probate Court), the filing fee for an Objection to a Petition for Appointment of a Probate Conservatorship is $465.00 for 2015.

WHAT ELSE NEEDS TO BE DONE WHEN YOU OBJECT TO A CONSERVATORSHIP?

​When you object to a Conservatorship, you are not quite done.   If you believe that someone else is more suitable to be the Conservator, then you must file a competing Petition for Appointment of Probate Conservator.   That has a separate filing fee and if it involves the money of the conservator, then you also must also pay for a probate court investigator’s fee when you file.

WHAT HAPPENS NEXT AFTER YOU HAVE FILED?

After you have filed your objection, the court will hear the matter and ask whether any discovery time is needed.  Once discovery is completed, the court will set a hearing called a trial setting conference where a date is then selected for trial.

HOW TO TRY TO RESOLVE CONSERVATORSHIP CASES QUICKLY?

If the parties are agreeable, try mediation in conservatorship cases first.   Once you have mediated the case, options may become more evident as to why the best course of action would be as in the best interest of the Conservatee.    

WHY HIRE US?

Mina Sirkin is a Certified Specialist Attorney in Probate, Estate Planning and Trust Law in Los Angeles, California.   Ms. Sirkin has 27 years of experience in Conservatorships and contested caseds involving an objection to conservatorship in the Los Angeles Superior Court – Probate Court.   Read more about about our credentials here:   Los Angeles Conservatorship Attorney. 

Our law offices in Woodland Hills, Los Angeles, Glendale and Pasadena handle all matters relating to conservatorships and objections to conservatorships, as well as competing petitions.   Call us at 818.340.4479 when you need help with objections to conservatorship in Los Angeles County.  Call for a free consultation regarding conservatorships in Los Angeles.

​​OBJECTIONS TO CONSERVATORSHIP LOS ANGELES: CALL SIRKIN LAW GROUP FOR OBJECTION TO CONSERVATORSHIP IN LOS ANGELES.